Terms of Service

Liability Waiver – Kamp Klamath RV Park and Campground

All guests of Kamp Klamath RV Park and Campground (“Campground”) will be required to be checked in and out upon arrival/departure and agree to follow the Campground’s rules and regulations.

Acknowledgements of risks, release, defense and indemnification agreement, and covenant not to sue. Each part of this document must be completed and signed before using Campground facilities or participating in Campground activities.

Notice: This is a legally binding document. If not understood, legal advice should be sought. By signing this document, you give up your right and the right of your heirs, next of kin, personal representatives, and assigns to bring a court action, now or any time in the future to recover compensation or obtain any other remedy for an injury to yourself or your property or for your death, however caused, arising out of your use of the Campground facilities, even if such claim is based upon actual negligence of Campground its agents, workers, volunteers, officers, directors, employees, other persons or entities affiliated therewith.

1. Acknowledgement and Assumption of Risks

I hereby acknowledge and agree that there are risks of loss, damage to personal property, personal injury, or death involved in the use of Campground facilities. I voluntarily assume the hazard of risks, known and unknown, since I desire to use Campground facilities.

By its nature, the Campground is in a rural, natural, and undeveloped area that contains many natural hazards. I understand that risks may include, but are not limited to, rugged terrain, weather related hazards, animal or insect attack, allergy or injury or death from plant life, illness or disease, swift water hazards, drowning, slips and falls, pinches, scrapes, crushing or jolts that could result in loss, damage to personal property, personal injury, illness, or death. I understand that damage, injury, illness, and death could be the result from unknown or unexpected risks and may be caused by, but not limited to, the negligence of Campground, its agents, workers, volunteers, officers, directors, employees, other persons or entities affiliated therewith (hereinafter, collectively “Campground”), the negligence of other campers, the negligence of third parties, accidents, breaches of contract, and the unavailability of immediate and/or adequate emergency medical care. I understand there is also the possibility that my use of Campground facilities could cause damage, injury, illness, or death to a person other than myself.

BY USING CAMPGROUND FACILITIES, I VOLUNTARILY ASSUME THE RISK OF LOSS, DAMAGE OF PERSONAL PROPERY, PERSONAL INJURY, ILLNESS, OR DEATH.

I understand that the Campground does not guarantee my personal health or safety at any point during my use of Campground facilities, nor does it protect me against risk of loss of my personal property. I understand the Campground does not assume responsibility for the actions of others, for events that are not part of the Campground, or that are beyond the control of the Campground, or for situations that may arise due to my failure to disclose pertinent information.

2. Release and Duty to Defend and Indemnify

I release and forever discharge and covenant not to sue Campground, from any and all liability, claims, demands, actions, or rights of action that are related to, arise of or, or are in any way connected to my use of Campground facilities, including, but not limited to, any negligence of Campground, for injury, death, illness, loss or damage to me, my personal representatives, assigns, heirs, and next of kin. The foregoing release includes any liability, claims, demands, actions, or rights of action asserted against me by third parties or by any third parties on my behalf.

I further agree, promise, and covenant to hold harmless, defend (with legal counsel acceptable to Campground), and indemnify Campground, against of any loss, liability, damage, cost or expense, including attorney fees and court costs, which may be incurred as the result of my use of Campground facilities, even if Campground was negligent. The foregoing shall include, but not be limited to, any claims, injury, death, illness, loss or damage to me, my personal representatives, assigns, heirs, and next of kin which are related to, arise out of or are in any way connected to my use of Campground facilities, including injury, death, illness, loss or damage which I may negligently or intentionally cause to third parties in the course of my use of Campground facilities.

BY USING CAMPGROUND FACILITIES, I VOLUNTARILY ASSUME THE RISK OF LOSS, DAMAGE OF PERSONAL PROPERY, PERSONAL INJURY, ILLNESS, OR DEATH.

3. Acknowledgment of Effect of This Release Agreement

I understand and acknowledge that by signing this document I have given up certain legal rights and/or possible claims which I might otherwise assert or maintain against Campground, including but not limited to rights arising from or claims for the acts or omissions, fault or negligence of Campground. I understand and acknowledge that by initialing and/or signing this document, I have assumed responsibility and LEGAL LIABILITY for the claims or other legal demands, including defense costs, which may be asserted by third parties against myself or on my behalf as a result of my use of the Campground.

4. Acknowledgment of Responsibility

I consent to medical treatment in the event of injury, accident and/or illness during my use of Campground facilities. In the event I am injured or become ill while at the Campground, I understand and agree that I will accept responsibility for any medical bills, including co-payments and deductibles. In the event I am injured using Campground facilities, I will not seek reimbursement from the Campground. In the event that while I am using the Campground, I cause harm to another person or another person’s property I accept sole responsibility for my actions and will defend and indemnify the Campground and hold it harmless therefrom.

I understand and acknowledge that no medical insurance benefits will be provided to me for injuries occurring while using Campground. I certify that I have sufficient health, accident, and personal liability insurance to cover bodily, property damage, or any consequences resulting from my use of Campground or participation in Campground activities. If I do not have such insurance, I certify that I am capable of personally paying for all expenses or liability. I further certify that I am in sufficient physical and mental health for proper use of Campground facilities so that I am not a danger to myself or others I may come in contact.

5. Consideration

In consideration of this Agreement, Campground will permit me to use Campground facilities, subject to my compliance with all Campground Rules, Regulations and Safety Policies, which may be amended from time to time. It is my responsibility to request to inspect all such Rules, Regulations and Policies. Campground retains the right to deny entrance to its facilities or participation in its activities, to anyone in its sole discretion.

6. Covid-19

I have read Campground’s COVID-19 policy and agree to adhere to its protocols. I understand that even though preventative measures to reduce the spread of COVID-19have been put in place, Campground cannot guarantee that I will not become infected with COVID-19. I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed or infected by COVID-19 while at Campground and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at Campground may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Campground employees, other Campground guests, and Campground visitors. I voluntarily agree to assume all the foregoing risks and hereby release, indemnify, and hold harmless Campground, its owners, agents, and employees from any liability, claims, actions, damages, costs, or expenses of any kind arising out of or relating to COVID-19.

I expressly agree that this Agreement is intended to be as broad and inclusive as permitted by the laws of the State of California, in the United States of America, and that this Agreement shall be governed by and interpreted in accordance with the laws of the State of California. I consent to the jurisdiction and venue for any action relating to this Agreement in Klamath, California regardless of my residence or domicile.

I agree that in the event that any clause or provision of this Agreement shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this Agreement which shall continue to be enforceable.

I understand and accept the risks; I understand and agree to abide by the all rules and regulations; and I accept responsibility for injury to myself; my own property; and harm to others that I have caused.

In confirming that I agree to the Terms and Conditions of this Agreement, I acknowledge and represent that: A. I have read the foregoing Agreement, understand it, and sign it voluntarily as my own free act and deed; B. No oral representation, statements, or inducements, apart from the foregoing written agreement, have been made; C. I am at least eighteen (18) years of age and fully competent; and D. I execute this Agreement for full, adequate, and complete consideration fully intending to be bound by same. E. I agree that in any action to enforce or interpret the terms of this Agreement, the prevailing party shall be awarded, in addition to any other remedy or compensation, its reasonable attorney fees and costs.